Active Communities
Neighbour Noise A guide for the public
This guide outlines the law regarding nuisance noise and what can be done to solve the problem.
Title: Neighbour Noise - A guide for the public
Author: Encams
Number of pages: 12
Neighbour noise is considered a problem to some extent by one in 3 people (29%) in England, and a serious problem by one in 12 (8%).
What is nuisance noise?
Noise nuisance can be difficult to establish as often noise considered as pleasurable by one person may be found a nuisance by another. Generally speaking however, if the average person would consider something unreasonable, a court may be satisfied that it is a statutory nuisance.
What are the most common causes of neighbour noise?
Loud music (excluding parties)
Shouting and arguments
Banging/ loud noises and children
Barking dogs
Motor vehicles outside the home
Car and house alarms
Nuisance noise can also vary upon personal circumstances. For example, to an elderly person, young children and animals fireworks may be a nuisance noise. Loud music is also more common of a problem for those living in flats than for people living in detached housing whose biggest problems are barking pets and motor vehicles.
Neighbour noise and the law
If talking to your neighbours and mediation between the interested parties has failed you can complain to the environmental department of your local authority.
Under sections 79-81 of the Environmental Protection Act 1990 local authorities have a duty to deal with any noise which they consider to be a statutory nuisance.
What measures can be taken?
Landlords can take the following action against tenants who breach conditions of their tenancy:
Injunctions can reduce the nuisance caused whilst allowing people to keep their homes
Social landlords (local authorities and housing associations) can ask the courts to attach a power of arrest to such injunctions if there is violence, or a threat of violence
Eviction, for those who will not change their behaviour.
If a local authority fails to resolve the matter informally they must serve an abatement notice. This may require the noise to be stopped altogether, reduced or limited to certain times of the day. A notice must be served on the person responsible for the noise and they have the right to appeal within 21 days of it being served.
The punishment for failure to comply, can be a fine of £5,000 with a further fine of up to £500 for each day the offence continues after conviction.
What should you do if you experience noisy neighbours?
There are 3 steps you should take:
1. Make a friendly approach to the neighbour - Point out the problem, but think about how you would like to be approached. If you're not confident enough, you can always get a friend or family member to do this on your behalf. It is common the neighbour won't realise they are disturbing you.
2. Mediation - If a friendly chat doesn't work, try involving a 3rd party to listen to both sides of the story and to help reach an agreement. You can obtain details about the location of services from Mediation UK on 0117 9046661 or contact your local authority to check if the offer their own mediation services.
3. Formal action - To be undertaken where informal action fails or is not possible. You can contact your local authority that will send an environmental health officer to investigate the noise, and if they are satisfied the noise is a nuisance they will take action. If the noise is intermittent they are likely to ask you to take records of the noise occurrences. They may also leave equipment in your house to measure the noise levels. If other neighbours were disturbed they could also provide useful evidence.
Download: Neighbourhood Noise Brochure 
PDF (615 Kb)
Last update: Wednesday, August 20, 2008